CPD states it cannot take action against propane cannons

CLEARLAKE &GT;&GT; The Clearlake Police Department stated Thursday that it does not have the authority to take action after receiving complaints of loud blasts in the area of Clearlake.

According to a press statement by CPD Sgt. Rodd Joseph, the blasts were caused by farming practices protected by the county's Right to Farm ordinance.

An investigation into the blasts began during the first week of August when the CPD began receiving numerous complaints from irate citizens regarding explosive noise emanating from a vineyard located off of Highway 53, just south of Polk Avenue.

The blasts were determined to be from propane cannons, which are used as an environmentally friendly form of pest control.

The name propane cannon is misleading, Joseph stated, as the cannons do not actually fire projectiles. Instead, the cannons are used to make a loud explosion in hopes of deterring animals and other pests from destroying crops.

According to Joseph, both the State of California and the County of Lake have Right to Farm laws, generally protecting the rights of farming activities.

California Civil Code 3482.5 states in part that, "no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began."

Furthermore, California Civil Code 3482.6 (a) states that, "no agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began. (b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increases its activities or operations after January 1, 1993, then a public or private nuisance action may be brought with the respects to those increases in activities or operations that have a significant effect on the environment. For increases in activities or operations that have been in effect more than three years, there is a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial."

A section in the county's ordinance reinforces the language.

As a result of the continued complaints, the CPD has been in contact with the California State Department of Food and Agriculture, the Lake County Department of Agriculture as well as the corporation which operates and manages the accused vineyard, Joseph stated. The corporation has agreed to make a few changes in their use of the propane cannons with hopes of limiting or eliminating the negative effects of the use of the propane cannons near other people.

From the information obtained during this investigation, the CPD understands this to be a civil matter and that the department has no authority to shut down the operations of, or bring a criminal complaint against the corporation, its agents or employees, Joseph stated.

Additionally, the police department has learned that several affected residents are in the process of contacting the corporation and asking that the use of the propane cannons stop.

The police CPD encourages affected residents to contact the corporation to find a resolution, the press release read. If a resolution cannot be met, affected residents would need to seek assistance via civil remedies through the courts.